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$300,000 Recovery for Motor Vehicle Negligence

Motor Vehicle Negligence – Dump Truck/Motorcycle Collision – Closed Head Injury – Cognitive Deficits - Right Arm Fracture with Surgery – Medial Meniscus Tear – Aggravation of Preexisting Back Injury

The plaintiff was operating a motorcycle in 2007, when he claimed that a dump truck driven by an employee of the defendant Palm Beach County violated his right-of-way and caused a collision. The defendant argued that the plaintiff was comparatively negligent in causing the accident.

The plaintiff, age 37 at the time, contended that the defendant’s dump truck pulling a utility trailer exited the Palm Beach County Complex across the northbound lanes of Congress Avenue in front of oncoming traffic. The plaintiff alleged that the defendant’s truck pulled across the lane in which the plaintiff was travelling and the plaintiff did not have time to stop before his motor cycle collided with the front side of the truck.

The plaintiff also claimed that the defendant’s employee failed to immediately stop following the collision, causing the plaintiff to be dragged some 12 feet by the truck.

The plaintiff was diagnosed with a closed head injury and cognitive deficits, including memory loss. He also sustained a shattered proximal ulnar fracture with dislocated radial head, also known as a Monteggia fracture. He underwent two arm surgeries including placement of an external fixator, removal of the fixator, open reduction and internal fixation. The plaintiff also claimed a right medial meniscus tear and aggravation of a preexisting lumbar condition as a result of the accident.

The defendant argued that the plaintiff’s motorcycle had faulty brakes and tires, which contributed to the collision. In addition, the defendant disputed the extent of the plaintiff’s injuries and maintained that he did not suffer a neuropsychological impairment as a result of the accident.

The case was settled prior to trial for a total of $300,000.

Soria vs. Palm Beach County. Case no. 2008-CA-1529; Judge n/a, 09-27-11.

Attorney for plaintiff: Diana Santa Maria of Law Offices of Diana Santa Maria in Fort Lauderdale, FL.

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